1. I have gone through the judgment of the Zaila Qazi, Dir, at Pairmargara, recorded on 19-5-1997 and have perused the record of the case carefully, Respondent No.1 Nazir Muhammad has been charged vide F.I.R. No.124, dated 27-2-1997 registered in Police Station Ouch District Dir under section 337-K(2) for having injured the petitioner by hitting him with the back side of an axe whereas, according to the medico-legal report the petitioner has been shown to have been injured with a sharp edged weapon.
2. Resultantly, the Zaila Qazi/Sessions Judge was justified in holding that the case of the petitioner was that of further enquiry and to have extended the concession of bail to the petitioner.
3. The apex Court of the Country in case Ijaz Ali Khan v. The State reported in 1968 Supreme Court (N.R) 1168, had held:--- "The petitioner who is charged with the offence of murder has been refused bail by the Courts below from which he now seeks leave to appeal.
4. On examining the facts appearing in the order of the learned Judge in the High Court we are inclined to the view that the conditions laid down in section 497, Cr.P.C. for refusing bail to the petitioner were amply fulfilled in this case. The petition is dismissed."
5. Accordingly I am of the view that this bail cancellation petition does not merit consideration and is dismissed in limine.